The Meghalaya Apartment Ownership Act, 2016 (Meghalaya Act NO.5 of 2016)

No. 94 
Postal Registration No. N. E.-771/2006-2008 
The Gazette ofMeghalaya 
EXTRAORDINARY 
PUBLISHED BY AUTHORITY 
Shillong, Monday, July 25, 2016, 
PART-IV 
GOVERNMENT OF MEGHALAYA 
LAW (B) DEPARTMENT 
ORDERS BY THE GOVERNOR 
NOTIFICATION 
The 25th July, 2016. 
3rd Sravana-1938 (S. E.) 
No.LL(B)1/2012/132.-The Meghalaya Apartment Ownership Act, 2016 
(Meghalaya Act NO.5 of 2016) is hereby published for general information. 
MEGHALAYAACT NO.5 OF 2016. 
(As passed by the Meghalaya Legislative Assembly) 
Received the assent of the Governor on 23rd July, 2016. 
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 25th July, 2016. 
556 THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25,2016 [PART-IV 
THE MEGHALAYAAPARTMENT OWNERSHIP ACT, 2016. 
An 
Act 
to provide for the ownership of an individual apartment in a building together 
with an undivided interest in the common areas and facilities appurtenant to 
such apartment and to make such apartment and interest heritable and 
transferable. 
Whereas it is expedient to provide in the State of Meghalaya for the 
ownership of an individual apartment in a building together with an undivided 
interest in the common areas facilities appurtenant to such apartment, and to 
make such apartment and interest heritable and transferable and for 
enforcement of obligations on promoters and apartment owners and to provide 
for matters connected therewith or incidental thereto; 
Be it enacted by the Legislature of the State of Meghalaya in the Sixty­
seventh Year of the Republic ofIndia as follows:-
Short title, 
extent and 
commencement. 
Application. 
CHAPTER I 
PRELIMINARY 
1. (1) This Act may be called the Meghalaya Apartment 
Ownership Act, 2016. 
(2) It extends to the urban areas of the State of 
Meghalaya. 
(3) It shall come into force on such date as the State 
Government may, by notification in the Official Gazette, 
appoint and different dates may be appointed for different 
areas. 
2. The provisions of this Act shall apply to every apartment 
in any building constructed (or converted into apartments) 
by a promoter before or after the commencement of this 
Act on free held land or on land held on lease: 
Provided that the number of sizes of the apartments in 
a building is in conformity with Building Bye Laws in force: 
Provided further that if a basement, cellar, garage, 
room, shop or storage space is sold separately from any 
apartment, it shall be declared as an independent 
apartment and not as part of any other apartment or of the 
common areas and facilities: 
Explanation: Notwithstanding that prOViSion is made for 
sanitary, washing, bathing or other conveniences common 
to two or more apartments, the apartment shall be deemed 
to be separate and self-contained. 
PART-IV] 
Definitions. 
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) JULY 25,2016 557 
3. In this Act, unless the context otherwise requires,-
(a) "Act" rneans the Meghalaya - Apartment 
Ownership Act, 2016; 
(b) "apartment" rneans a part of any property 
intended for any type of independent use 
including one or rnore rooms or enclosed 
spaces located on one or more floors to be 
used for residence or office or for the produce 
of any profession or for the carrying on of 
any occupation, trade or business or for such 
other type of independent use as may be 
prescribed, and with a direct exit to a public 
street, road or highway, or to a common area 
leading to such street, road or highway; 
(c) "apartrnent building" rneans a building 
constructed or any land containing two or 
more apartments, or any existing building 
converted into apartments, and includes a 
building containing two or three apartments 
in respect of which · a declaration has been 
made under the second proviso to Section 2; 
(d) "apartrnent number" means the number, 
letter, or combination thereof, designating an 
apartrnent; 
(e) "apartrnent owner" means the person owning 
an apartrnent and an undivided interest in 
the cornmon areas and facilities appurtenant 
to such apartrnent in the percentage 
specified in the deed of apartment; 
(f) "association" means an association 
consisting of all the apartment owners in the 
building acting as group in accordance with 
the bye laws. If two or more buildings are 
grouped together by the protnoter in the deed 
of apartments, a single association shall be 
fortned for all the aparttnent in the buildings 
so grouped. Metnbership will be extended to 
allottees under a hire-purchase agreement; 
(g) "bye-laws" tneans the bye-laws of an 
association made under this Act; 
(h) "cotntnon areas and facilities" in relation to a 
building means all parts of the building or 
the land on which it is located and all 
easetnents, rights and appurtenances 
belonging to the land or the building, which 
are neither in the exclusive possession of an 
558 THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25,2016 [PART-IV 
(i) 
apartn1ent owner in tern1 of his deed of 
apartn1ent nor handed over or intended to be 
handed over to the local authority or other 
public service agency. This will include the 
li=ited COn1n1on areas and facilities; 
"con1position fees" n1eans the 
an10unt of the fees arising out of 
due on the apartn1ent owner 
penalty fees if any; 
cUn1ulative 
the an10unt 
along with 
(j) "COllUTIOn expenses" 1lleans-
(i) all SUn1S lawfully assessed against the 
apartn1ent owners by the association for 
n1eeting the expenses of adn1inistration, 
n1aintenance, repairs or replacen1ent of the 
COn1n1on areas and facilities; 
(ii) declared by the provisions of this Act or 
by the bye-Ia-ws or agreed upon by the 
association, as COIn01.on expenses; 
(k) "cOn1n1on profits" n1eans the balance of all 
incon1e, rents, profits and revenues fron1 the 
COn1n1on areas and tacilities, ren1aining after 
the deduction of the COn1n1on expenses; 
(1) "con1petent authority" n1eans the officer or 
authority -who or -which n1ay be en1po-wered 
by the State Governn1ent, by notification in 
the Official Gazette, with executive po-wers for 
in1plen1enting the provisions of this Act and 
the rules n1ade thereunder, for such areas 
as n1ay be specified in the notification, under 
the general guidance, superintendence and 
control of the State Governn1ent: 
Provided that the State Governn1ent 
n1ay notify as cOn1petent authority n10re than 
one officer or authority and distribute the -work 
an10ng then1 in the n1anner deen1ed fit; 
(n1) "deed of apartn1ent" n1eans the agreen1ent to 
be executed be1W"een the pron1oter and the 
allottee -whenever any allotn1ent, sale or other 
transfer of an apartn1ent is n1ade; 
(n) 'joint fa=ily" means a Hindu undivided 
fa=ily and, in the case of other persons, a 
group, the IIleIIlbers are by CUStOIIl jointly 
residing together; 
(0) "land" IIleans a portion of the surface of the 
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25, 2016 559 
earth, COlUprisine the ground or soil and 
everything under it or over it, and things 
~hich are attached to the earth (such as 
buildings, structures and trees) things which 
are pertnanently fastened to the earth or to 
things attached to the earth, easelUents, 
rights and appurtenances belonging to thelU 
and benefits arising out of thelU; 
(p) '.'Land Transfer Act" lUeans the Meghalaya 
Transfer of Land (Regulation) Act, 1971; 
(q) "litnited COlUlUon areas and facilities" lUeans 
those COlUlUon areas and facilities which are 
designated in writing by the prolUoter before 
the allotlUent,sale or other transfer of any 
apartlUent, as reserved for use of certain 
apartlUents to the exclusion of the other 
aparttnents; 
(r) "local authority" lUeans a Municipality or an 
authority for any other area so notified by 
State GovernlUent; 
(s) "lUanagelUent cOIIllUittee" lUeans the 
lUanagelUent cOlUtnittee of an association 
elected by the lUelUber frolU a=ong the 
apartlUent owners under the bye-laws; 
(t) "lUajority' or "lUajority of aparttnent owners" 
tneans the apartJIlent owners with fifty-one 
percent or IIlore of the votes in accordance 
with the percentages assigned in the deeds of 
aparttnents for voting purposes; 
(u) "person" includes cOlUpany, firtn, co­
operative society, joint fa=ily and an 
~ncorporated body of persons; 
(v) "prescribed" lUeans prescribed by rules lUade 
l1nder tills Act; 
(w) "promotor" lUeans the person who constnu:t!'l 
or causes to be constructed a building 
consisting of apartlUents, or converts an 
;'xisting building or a part thereof into 
aparttnent, for the purpose of selling all or 
SOlUe of the apartlUents to other persons, 
and includes his assigns. Where the person 
who constructs or converts a building and 
the person who sells are different persons, 
~hc tcrlU includes both of them. Any 
jdeveloplUent authority and any othcr public 
j:>ody so notified by GovernlUent are deemed 
560 THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25,2016 [PART-IV 
Ownership of 
apartments. 
to be prUInoter in respect of the allottccs in 
buildings constructed by them on land 
owned by them or placed at their disposal by 
Governrnen t; 
Explanation: A person who acts as described 
above will be deemed to be a promoter, even if 
(i) he styles himself as builder, coloniser, 
contractor, developer, estate promoter 
or by any other name; or 
(ii) he claims to be acting as the holder of 
a power of attorney of the owner of the 
land on which the building IS 
constructed or any other persons. 
(x) "property" means the land, the building, all 
improvements and structures thereon, and 
all easements, rights and appurtenances 
belonging thereto, and includes every 
specified .right and interest in land which a 
person can have to the exclusion of other 
persons, such as possession use and 
enjoyment free from interference, right of 
disposition and franchises and 
hereditaments; 
(y) "Registrar" means Registrar appointed under 
the Registration Act, 1908; and 
(z) "State Government" means the Government of 
the State of Meghalaya and the word 
"Government" shall be construed accordingly. 
CHAPTER II 
OWNERSHIP, HERETABILITY AND TRANSFERABILITY 
OF APARTMENTS. 
4. (1) E-very person, to whom an apartment is allotted, sold 
or otherwise transferred by the promoter in accordance to 
the provisions of the Land Transfer Act, either before or 
after the commencement of this Act, shall be entitled, save 
as otherwise provided in section 7 and subject to the other 
provisions of this Act, on and fron;l such commencement, 
or on such allotment, sale or transfer, as the case may be, 
be entitled to the exclusive ownership and possession of 
the apartment so allotted, sold or otherwise transferred to 
him or her. 
(2) The ownership of land on which the apartments 
are constructed will remain vested with the landowner or 
promoter as the case may be till the registration of the 
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25,2016 561 
association. However the landowner or promoter is not 
allowed to add addition", I structure or undertake any 
development or alienate, transfer or sale the land without 
the consent of all the apartment owners. 
(3) Every person who becomes entitled to the exclusive 
ownership and possession of an apartment under sub­
section (1) will be entitled to the notional value of land 
which is proportionate to the super-built up area of his or 
her apartment or apartments. 
(4) Every person who becomes entitled to the exclusive 
ownership and possession of an apartment under sub­
section (1) shall be entitled to such percentage of 
undivided interest in the common areas and facilities as 
may be specified in the deed of apartment and such 
percentage shall be the ratio of the built-up area of the 
apartment to the total built-up area of all the apartments 
of the building. In respect of limited common areas and 
facilities reserved for the use of certain apartments to the 
exclusion of other apartments, such percentage shall be 
the ratio of the built up area of the apartment to the total 
built-up area of those apartment for which the use is 
reserved. The actual built-up area should be taken into 
account for the calculation of the percentage and any 
different area which may be stated in the agreement 
between the promoter and the person taking the 
apartment, shall be ignored. 
(5) The apartment owners shall own in common the 
common areas and facilities, neither the promoter nor the 
association shall have any ownership right in the common 
areas and facilities. The association shall be vested with 
the management and maintenance of the common areas 
and facilities. 
(6) The percentage of the undivided interest of an 
apartment owner in the common areas and facilities shall 
have a permanent character and shall not be altered 
without the written consent of all the apartment owners. 
(7) The percentage of undivided interest in the common 
areas and facilities shall not be separated from the 
apartment to which it appertains and shall be deemed to 
be conveyed or encumbered with the apartment, even 
though such interest is not expressly mentioned in the 
conveyance or other instrument creating the 
encumbrance. 
(8) The common areas and facilities shall remain 
undivided and no apartment owner or any other person 
shall bring any action for partition or division of any part 
thereof, and any covenant to the contrary shall be void. 
562 THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25,2016 [PART-IV 
Common areas 
and racWtles. 
ApartDlent to be 
heritable and 
transferable. 
5. (1) Each apartment owner may us., tlle COl11n1n1, areas 
and facilities in accordance with the purpose for which 
they are intended, without hindering or encroaching upon 
the lawful rights of the other apartment owners. 
(2) The necessary work relating to the maintenance, 
repairs or replacement of the common areas and facilities 
and the making of any additions or improvements thereto, 
shall be carried out only in accordance with the provisions 
of this Act and the bye -laws. 
(3) The association shall have the irrevocable right (to 
be exercised by the management cotnmittee) to have 
access to each apartment from time to titne during 
reasonable hours for the tnaintenance, repairs or 
replacement of any of the cotntnon areas of facilities 
therein or accessible therefrotn, or for making emergency 
repairs therein necessary to prevent damage to the 
cotnmon areas and facilities or to any other aparttnent or 
apartments. 
6. (1) Subject to the provisions of section 7, an apartment, 
together with the percentage of undivided interest in the 
cotntnon areas and facilities' appurtenant to such 
apartment, shall constitute for all purposes a heritable 
and transferable immovable property as per law for the 
time being in force. 
(2) An apartment owner tnay transfer his apartment 
together with the percentage of undivided interest in the 
cotntnon area and facilities appurtenant to such 
apartment by way of sale, mortgage, lease, gift, exchange 
or in any other manner whatsoever, in the same tnanner , 
to the same extent and subject to the same rights, 
privileges obligations, liabilities, investigations, legal 
proceedings or remedies, and to penalty, forfeiture or 
punishment, as any other imtnovable property, or may 
make a request of the same under the laws applicable to 
the transfer and succession of immovable property. The 
promoter shall neither itnpose any condition on such 
transfer in the agreement of sale nor collect any amount 
for acquiescing to such transfer: 
Provided that where the apartment is in possession 
of a person on the basis of a hire-purchase agreement, the 
transfer of possession of the apartment shall be regulated 
by the hire-purchase agreement and the transferor shall 
be jointly and severally liable with the transferee for the 
installments yet to be paid: 
Provided further that where the apartments in 
possession of a member of a housing co-operative society 
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25, 2016 563 
OWnership of 
apartment 
subject to 
conditions. 
of the tenant co-partnership type, the transfer of 
possession of the apartInent shall be regulated by the 
laws, rules and bye-laws applit.:auk to such society: 
Provided also that where the building is on leasehold 
land, the transfer shall be subject to the tenns and 
conditions of the lease: 
Provided further also that the transfer and inheritance 
shall confonn to the provisions of the Land Transfer Act. 
(3) The promoter shall neither impose any condition on 
such transfer in the agreement of sale nor collect any 
amount for acquiescing to such transfer. 
7. (1) Where an allotInent, sale or other transfer of an 
apartInent has been made within the provisions of the 
Land Transfer Act, whether before or after the 
commencement of this Act, in pursuance of any promise of 
payment, or part payment, of the consideration thereof, 
the allottee shall not J::>ecome entitled to the ownership of 
that apartment or to the percentage of undivided interest 
in the common areas and facilities appurtenant to such 
apartInent, until full payment in respect of common 
expenses has been made of the consideration thereof, 
along with any amounts in respect of common expenses 
and payment of Government and municipal taxes incurred 
by the promoter before the fonnation of the association, 
together with interest if any due thereon. 
(2) If there is a dispute about the amount payable by 
the allottee to the promoter, the dispute shall be decided 
by the competent authority, but the allottee will be entitled 
to possession without waiting for the dispute to be 
decided. If after tmal payment as aforesaid has been made, 
any expenses are incurred by the promoter for providing 
any requirement imposed by the Government or the local 
authority, such as fire-fighting equipment, it shall be 
recoverable from the apartment owners, where any such 
allottee has been inducted into the possession of such 
apartment or any part thereof on certain term and 
conditions in pursuance of such allotInent, sale or other 
transfer, he shall continue to remain in possession thereof 
on the same tenns and conditions: 
Provided if a person has entered into a hire purchase 
agreement with the promoter and has been inducted into 
the possession of an apartInent on certain tenns and 
conditions, he shall continue to remain in possession 
thereof on the same terms and conditions. 
564 THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25,2016 [PART-IV 
CompUance 
with covenants 
and bye-laws. 
Purchasers or 
lessees to 
executing 
undertaking. 
Certain works 
prohibited. 
Sub-lease and 
its breach. 
8. An apartment owner shall comply strictly with this Act, 
the rules and the bye -laws and with the- covenants; 
conditions, restrictions set forth in the deed of apartment 
and failure to comply with any of them shall be a ground 
for action to recover sums due to damages, or for 
injunctive relief, or both, by the management committee on 
behalf of the association, or, in a proper case by an 
aggrieved apartment owner, before the competent 
authority. 
9. Notwithstanding anything contained in any law for the 
time being in force, a person acquiring an apartment from 
an apartment owner by gift, exchange, purchase or 
otherwise or taking lease' of an appointment from an 
apartment owner, shall-
(a) in respect of the said apartment, be subject to 
the provisions of this Act; and 
(b) execute within four months and register an 
instrument, in such form and in such manner 
as may be prescribed, giving an undertaking to 
comply with the covenants, conditions and 
restrictions, subject to which such apartment 
is owned by the apartment owner aforesaid, 
and file certified copy thereof in the office of 
the competent authority_ 
10. No apartment owner shall do any work which would be 
prejudicial to the soundness or safety of the property or 
reduce the value thereof or impair any easement or 
heriditament or shall add any material structure or 
excavate any additional basement or cellar, without first 
obtaining the consent of all the other apartment owners. 
Explanation: - In this section where there is more 
than one building in the association, reference to the other 
apartment owners in the section, is only to the other 
apartment owners in the concerned building. 
11. (1) Where any land is given on lease by a person 
(hereafter in this section referred to as the lessor to 
another person (hereafter in this section referred to as the 
lessee, which term shall include a person in whose favour 
a sub-lease of such land has been granted), and any 
building has been constructed on such leasehold land by 
the lessee, as there are apartments in such building and 
shall execute a separate deed of sub-lease in respect of 
such land in favour of each apartment owner within four 
months from the date on which possession of an 
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25, 2016 565 
apartlnent is given to him, and execute a document 
transferring the management of the currunon areas and 
facilities to the association within four months of its being 
formed, and file certified copies of the instruments in the 
office of the competent authority. 
(2) In the case of a building constructed before the 
commencement of this Act, such deed of sub-lease and 
such document of transfer shall be executed within four 
months of the comrnenceInent of this Act. Thereafter, the 
powers and functions of the lessee shall be exercised by 
the association in respect of apartment owners who are the 
sub-lessees: 
Provided that no sub-lease in respect of any land 
shall be granted except on the srune term and conditions 
on which the lease in respect of the land has been 
granted by the lessor and no additional terms and 
conditions shall be imposed by the lessee except with the 
previous approval of the lessor: 
Provided further that the sub-lease shall also conform 
to the provisions of the Land Transfer Act: 
Provided also that the lessee shall not withhold 
consent to, or collect any runount for acquiescing to, the 
apartment owner executing a transfer of the sub-lease and 
endorsement on the deed of apartment in favour of a 
transferee, but, where the lessor is the Government, it may 
levy such transfer fee as may be prescribed. 
(3) Where the lessee has any reason to suspect that 
there has been any breach by the apartment owner 
(hereinafter referred to as the defaulting apartment owner) 
of the terms and conditions of the sub-lease, in respect of 
the land appurtenant to the apartment, he may himself 
inspect such land or may authorise one or more persons 
to inspect such land and make a report as to whether 
there has been any breach of the terms and conditions of 
any sub-lease in respect of such land and, if so, the nature 
and extent of such breach, and for this purpose it shall be 
lawful for the lessee or any person authorised by him to 
enter into, and to be in the land in relation to which such 
breach has been or is suspected to have been committed. 
(4) Where the lessee or any person authorised by him 
makes an inspection of the land referred to in sub-section 
(3) he shall record in writing his findings on such 
inspection a true copy of which shall be furnished to the 
defaulting apartment owner) and, where such findings 
indicate that there has been any breach of the terms and 
conditions of the sub-lease in respect of such land, the 
lessee may, by a notice in writing, require the defaulting 
apartment owner to refrain from such breach, or to pay in 
566 THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25,2016 [PART-IV 
lieu thereof such composition fees as may be specified in 
the notice in accordance with such se"1",, of composition 
fees as may be prescribed. 
(5) The defaulting apartment owner who is aggrieved 
by any notice served on him by the lessee under sub­
section (4) may, within thirty days from the date of service 
of such notice, prefer an appeal to the competent 
authority, either challenging the findings of the lessee or 
any person authorised by him, or disputing the amount of 
composition fees as specified in the notice. The competent 
authority may, after giving the parties as reasonable 
opportunity of being heard, confirm, alter or reverse those 
findings; or may confirm or reduce the amount of 
composition fees, or set aside the notice. 
(6) Where there is default in the payment of any 
composition fees, it shall be lawful for the lessee to recover 
the amount of composition fees from the defaulting 
apartment owner as an arrear of land revenue. 
(7) Where any composition fees are paid, whether in 
pursuance of the notice served under sub-section (4) or in 
accordance with the decision of the competent authority, 
no further action shall be taken by the lessee for the 
breach in relation to which payment of such composition 
fees has been made. 
(8) Where any lessee omits or fails to take any action 
under sub-sections (3) or (4), the lessor may, by a notice in 
writing, require the lessee to take action against the 
defaulting apartment owner under sub-sections (3) or (4) 
within a period of ninety days from the date of service of 
such notice and, in the event of the omission or failure of 
the lessee to do so within such period, the lessor may 
himself take action under sub-sections (3) or (4), and the 
provisions of sub-sections (4), (5) and (6) shall, as far as 
may be, apply to any action taken by him, as if such action 
has been taken by the lessee. 
(9) For the removal of doubts, it is hereby declared that 
no work in any apartment by the owner thereof shall be 
deemed to be a breach of the terms and conditions of the 
sub-lease in respect of the land on which the building 
containing such apartment has been constructed, unless 
the work is prohibited by Section 10. 
(10) Where the building is not constructed on leasehold 
land, the promoter will not be required to grant a sub-lease 
to any apartment owner or executed a document 
transferring the management of the common areas and 
facilities to the association, but, on the execution of the 
conveyance and the deed of apartment, the title to the 
apartment and the percentage of undivided interest in the 
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25, 2016 567 
Encumbrances 
against 
apartments. 
common areas and facilities appurtenant to such 
apartment shall be deemed to be transferred to the 
concerned apartment owner and the right of management 
of the common areas and facilities of the association. The 
provision of the other sub-sections of this section shall 
apply, as if the words "sub-lease", "lessee" and "sub­
lessee" refer to the "deed of apartment", "association" and 
"apartment owner" respectively. 
12. (1) An apartment owner may create any encuII1brance 
only against the apartment owned by hiIn and the 
percentage of undivided interest in the comII1on areas and 
facilities appurtenant to such apartment, in the same 
manner and to the same extent as II1ay be created in 
relation to any other separate parcel of property subject to 
individual ownership: 
Provided that where any such encuII1brance has 
arisen or has been created against the apartment and the 
percentage of undivided interest in the COrnInon areas and 
facilities appurtenant thereto, such apartment and 
undivided interest sha).l. not be partitioned or sub-divided: 
Provided further that encuII1brances against the 
apartII1ents shall conform to the provisions of the Land 
Transfer Act. 
(2) No labour performed or material furnished with the 
consent, or at the request, of an apartment owner or his 
agent or his contractor or sub-contractor, shall be the 
basis of a charge or encumbrance under the provisions of 
the Transfer of Property Act, 1882, against the apartment 
or any other property of any other apartment owner not 
expressly consenting to, or requesting the same, except 
that such express consent shall be deemed to be given by 
an apartment owner in the case of eII1ergency repairs to 
his apartment. 
(3) The labour performed and material furnished for 
the comII1on areas facilities, if duly authorised by the 
association or the management committee in accordance 
with the provisions of this Act or the bye-laws, shall be 
deemed to be performed or furnish with the express 
consent of each apartment owner and shall be the basis 
for a charge or encumbrance against each of the 
apartments and shall be subject to the provisions of sub­
section (4). 
(4) In the event of a charge or any encumbrance 
against two or more apartments becoming effective, an 
apartment owner may remove his apartment from the 
charge or encumbrance by making payment of the 
proportional amount attributable to his apartment. 
568 THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25,2016 [PART-IV 
Contents of 
Deed of 
apartment. 
(5) On any such payment, di .. charge 01· other 
satisfaction, referred to in sub-section (4), the apartment 
and thc percentage of undivided interest in the cotnmon 
area and facilities appurtenant thereto shall thereafter be 
free and clear of the charge or encutnbrance so paid , 
discharged or satisfied: 
Provided that such part payment shall not prevent the 
person having a charge or encutnbrance frotn proceeding 
to enforce the rights, in relation to the atnount still 
outstanding, against any other apartments not so free of 
the charge or encumbrance. 
CHAPTERIU 
DEED OF APARTMENT AND ITS REGISTRATION 
13. (1) Whenever any allotInent, sale or other transfer of an 
apartInent is tnade within the provisions of the Land 
Transfer Act by the promoter to the allottee, the promoter 
and the allottee shall, as the party in the first part and the 
party in the second part respectively, within four months 
frotn the date of sucJ:t allotment, sale or other transfer, 
execute a deed of apartment, containing the following 
particulars; natnely,-
(a) the natne, address and other particulars of the 
allottee; 
(b) description of the land on which the building 
and the comtnon areas and facilities are located, 
and whether the land is free-hold or leasehold, 
and if leasehold the period of such lease, and 
the postal address of the property; 
(c) a set of floor plans of the building showing the 
lay-out and location of the apartInent, and 
bearing the verified statetnent of an architect 
certifying that it is an accurate copy of the 
portions of the plans of the building as filed with 
and approved by local authority within the 
jurisdiction of which the building is located; 
(d) description of the building, stating the number 
of storeys and basements, the number of 
apartments in that building and the principal 
materials of which it is constructed; 
(e) the apartment number or statetnent of the 
location of the apartment, its approximate area, 
nutnber and dimensions of the rooms, 
imtnediate common area to which it has access, 
and any other data necessary for its property 
identification: 
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25, 2016 569 
Provided that the number and areas of the 
apartments should be in conformity with the 
Municipal Regulations or Meghalaya Building 
Bye Law in force; 
(f) description of the common areas and facilities 
appurtenant to such apartInent; 
(g) description of the limited common areas and 
facilities, if any, starting to which apartInents 
their use is reserved; 
(h) value of the property and of the apartment and 
the percentage of undivided interest respectively 
in the common areas and facilities and the 
limited common areas and facilities if any, 
appurtenant to such apartment, and a 
statement that the apartInent and such 
undivided interest are not encumbered in any 
manner whatsoever on the date of execution of 
the deed of apartment; 
(i) statement of the purposes for which the building 
and each of the apartments are intended and 
restricted as to use; 
(j) the name of the person to receive service of 
process, together with the residence or place of 
business of such person; and 
(k) any further details which the parties to the deed 
of apartment may feel desirable to set forth: 
Provided that if, owing to urgent necessity 
or unavoidable accident, any document 
executed, or copy of a decree or order made, in 
India is not presented for registration till after 
the expiration of the time hereinbefore 
prescribed in that behalf, the Registrar, in cases 
where the delay in presentation does not exceed 
four months, may direct, on payment of a fme 
not exceeding ten times the amount of the 
proper registration-fee, such document shall be 
accepted for registration as per sub section (1) of 
Section 25 of Indian Registration Act 1908. In 
case of delay beyond this period, the provision of 
Indian Registration Act 1908 shall be applicable: 
Provided further that in the case of an 
allotment, sale or other transfer made before the 
commencement of this Act, the promoter shall 
execute the deed of apartment within four 
570 THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25,2016 [PART-IV 
months of s1.wh commenccm,mt or within the 
period of extension granted by the competent 
authority or Government: 
Provided also that the non-execution of a 
lease between the lessor and the lessee, or the 
alleged breach of any conditions of the original 
agreement regarding allotment between the 
promoter and the allottee, shall not be 
considered sufficient cause for the promoter not 
executing the deed of apartment in favour of the 
allottee. 
(2) If the apartment is allotted under hire-purchase, 
the promoter and the hire-purchaser shall execute, instead 
of a deed of apartment, a hire-purchase agreement. 
(3) The promoter shall file in the office of the competent 
authority, and deliver to the concerned allottee a true copy 
of the deed of apartment or the hire-purchase agreement 
as registered under Section 16. 
(4) Whenever any transfer of an apartment is made by 
the owner thereof, whether by sale, lease mortgage 
exchange, gift or otherwise within the provisions of the 
Land Transfer Act, the transferor or shall deliver to the 
transferee the certified copy of the deed of apartment 
delivered to him under sub-section (3) , after making an 
endorsement thereon as to the name, address and other 
particulars of the transferee, to enable the transferee to get 
endorsement of the certified copy registered in accordance 
with the provisions of section 16. 
(5) The execution of the deed of the apartment vests 
the apartment owner with the exclusive ownership and 
possession of the apartment together with the percentage 
of undivided interest in the common areas and facilities 
appurtenant to such apartment, as a heritable and 
transferable property in terms of Sections 4 and 6 of this 
Act. On execution of a document transferring the 
management of the property and the common areas and 
facilities to the association, it is vested with the 
management of the property and the common area and 
facilities, but will not be the owner of the property or the 
building or the common areas and the facilities. 
(6) For the removal of doubts, it is hereby declared 
that the provisions of this section shall be in addition to 
and not in derogation of the provisions of any other law for 
the time being in force, relating to the transfer of 
immovable property. 
(7) The copy of the deed of apartment or the 
endorsements thereon, as thc case may be, shall be sent 
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25,2016 571 
by the Regislrar Lo Ule concerned Income Tax authority 
and the Promoter, apartment owner or transferee except 
t.ribal shall be liable to any action under the- Income Tax 
Act, if the transaction reveals that any income has escaped 
taxation. 
(8) In the absence of any agreement to the contrary, 
the stamp duty and the registration fee for a deed of 
apartment or an endorsement thereon or a sub-lease shall 
be borne by the allottee, the transferee or the sub-lessee as 
the case may be, unless it is remitted by notification under 
Section 9 of the Indian Stamp Act,1899. 
Enforcement of 14. (1) If the promoter, or the apartment owner as the case 
transfer. may be, fails to execute· a deed of apartment or an 
endorsement thereon under the first proviso of sub­
sections (1) or (4) of section 13 within four months, or does 
not comply with sub-sections (3) or (4) of section 13 
within four months of the execution of the deed of 
apartment or the endorsement thereon, or with sub­
section (1) of section 1.1 within four months of the date on 
which possession of the apartment is given of the date or 
which possession of the apartment is given or, where the 
competent authority or government has granted extension 
of time under the first proviso to sub-section(l) of section 
13 within such extend period, the competent authority 
may, either on a complaint or summon, impose a penalty 
of 3 0/0 of basic cost of the apartment for which there is a 
default together with a further minimum penalty for each 
apartment of one hundred rupees for every day for which 
the default continues, and the penalty may be recovered as 
an arrear of land revenue. This penalty shall be in 
addition to any action under the Stamp Act, 1899 or the 
Registration Act 1908: 
Provided that it will be incumbent on the promoter to 
execute the sub-lease only after the lease is executed in 
his favour, but the deed of apartment will have to be 
executed without waiting for the execution of the lease, as 
envisaged by the third proviso to sub-section (1) of Section 
13. 
(2) On the failure of the promoter to execute the deed 
of apartment within the time stated in sub-section (1) the 
allottee may make an application to the competent 
authority. 
(3) On failure of the apartment owner to make an 
endorsement of the transfer of an apartment on the deed of 
apartment within the time stated in sub-section (1), the 
transferee may make an application to the competent 
authority. 
572 THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) JULY 25,2016 [PART-IV 
Recording of 
succession. 
(4) On the failure of the lessee to execute a sub-lease 
within the time stated in sub-section (1), the apartment 
owner may make an application to the - competent 
authority. 
(5) The application under sub-sections (2),(3) or (4) as 
the case may be, shall be in the prescribed form in writing 
for a certificate to be produced before the concerned 
registration officer for enforcing the registration of the 
transfer. After making such enquiry as may be necessary 
and satisfying itself that the occupation certificate has 
been obtained from the appropriate authority and that the 
applicant has done what he is required to do under the 
agreement, the competent authority shall issue a 
certificate to the appropriate registration officer that it is a 
fit case for enforcing registration and direct the application 
to present the deed of apartment, the endorsement on the 
deed of apartment or the sub-lease as the case may be, 
though not executed by the other party, for unilateral 
execution of registration. 
(6) After the instrument along with the certificate 
issued by the competent authority is presented for 
registration, the registration officer shall cause a summons 
to be issued to the other party. If he fails to appear in 
compliance with the sum.m.ons,' the execution of the 
instrument shall be deemed to be admitted by him and the 
registration officer shall proceed to register the instrument. 
If he appears but denies the execution of the instrurnent, if 
the registration officer, after giving him a reasonable 
opportunity of being heard, is satisfied that he has failed to 
execute the instrument without sufficient cause, shall 
proceed to register the instrument. Notwithstanding 
anything contained in the Land Transfer Act in force or the 
Transfer of Property Act, 1882 or the Registration Act, 
1908, the registration of the instrument under this sub­
section shall be sufficient to vest the property in the 
applicant. 
15. (1) Whenever any succession takes place to an 
apartment or part thereof, the successor shall, within a 
period of six months from the date of such succession, 
make an application to the competent authority for 
recording such succession on the certified copy of the deed 
of apartment, and, if there is any dispute as to the 
succession to the apartment, the competent authority 
shall decide the same. 
(2) Whenever any succession to an apartment has been 
recorded by the competent authority under sub-Section 
(1), such authority shall send a true copy of such record to 
the concerned registrar for registration thereof in 
accordance with the provisions of Section 16. 
PART-IV] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) JULY 25,2016 573 
Registration of 
deed of 
apartment. 
Formation of 
association. 
16. (1) Every declaration under the second- proviso to 
Section 2, every instrument under Section 9, every sub­
lease and every document transferring management of 
common areas and facilities to an association under 
section 11, every Deed of Apartment and every 
endorsement thereon and every hire purchase agreement 
relating to an apartment and a set of floor plans for every 
building of apartments under section 13, and every record 
of succession under section 15, shall be deemed to be 
documents which are compulsory registrable under the 
registration Act, 1908 and shall be registered with the 
registrar accordingly, and the works and expansions in 
this section but not defined in this Act, shall have the 
meanings respectively assigned to them in the Registration 
Act, 1908. 
(2) The promoter shall file in the appropriate 
registration office with the first deed of apartment in 
respect of every building, a set of all floor plans of the 
building, showing th~ layout location, numbers and 
dimensions of apartments, and bearing the verified 
statement of an architect certifying that it is an accurate 
copy of the plans of the building as filed with and approved 
by the local authority within the jurisdiction of which the 
building is located. 
(3) In all registration offices, a book called "Register" of 
deeds of apartments under the "Meghalaya Apartment 
Ownership Act, 2016" and an index relating thereto shall 
be kept in such form and shall contain such particulars as 
may be prescribed. 
(4) Whenever any endorsement on a deed of apartment 
is registered, the concerned registrar shall forward a 
certified copy thereof to the competent authority to enable 
that authority to make necessary entries in the certified 
copy of the concerned deed of apartment flled with it under 
sub-section (3) of Section 13. 
(5) A person acquiring an apartment shall be deemed 
to have notice of the contents of the deed of apartment and 
the endorsement, if any, thereon as from the date of its 
registration under this section. 
CHAPTER- IV 
ASSOCIATION AND REGULATION OF ITS AFFAIRS. 
17. (1)After obtaining occupation certificate for the 
building and within four months of one-third of the 
apartments being allotted, sold or otherwise transferred in 
accordance to the provisions of the Land Transfer Act, the 
promoter shall make an application to the competent 
574 THE GAZETTE OF MEGHALAYA (EXTRAORDINARy) JULY 25,2016 [PART-IV 
authority for the registration of association, with the 
persons who have purchased apartments as members: 
Provided if the promoter fails to make such 
application, the apartment purchasers can make such 
application. 
(2) There shall be an association, with the apartment 
owners as its members, for the administration of the 
affairs in relation to the apartments and the property and 
for management, maintenance and upkeep of the property, 
the common areas and facilities and common services: 
Provided that in respect of an apartment meant for 
sale but not yet sold, the promoter shall be an associate 
member of the association and, when such apartment is 
later allotted, sold or otherwise transferred as per the 
provision of the Land Transfer Act, the allottee shall 
become a member of the association and the promoter 
shall cease to be associate member of the association in 
respect of such apartment: 
Providing further that the formulation of the 
association shall be without prejudice to the liability of the 
promoter for breach of any municipal regulation or the 
Meghalaya Building Bye Laws, 2011 in force regarding 
sanction of building plans and to obtain completion and 
occupancy certificates. 
(3) The association shall be registered with the 
competent authority. The competent authority shall 
ascertain whether the majority of the apartment owners 
desire the association to function as a co-operative society 
or as a limited company. The competent authority shall 
register the association accordingly, either as a co­
opera

Excerpt shown. Open the full act in Lexace.

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